In the first comments, alarming headlines suggested that almost everyone would have to return to their country of origin for a green card. The reality is more complex – and that’s why it’s worth calmly explaining what has really changed, who it affects, and what has not changed at all.
What exactly has changed
To understand the importance of the memorandum, one must know the two paths leading to a green card. The first is the so-called adjustment of status – changing status to permanent residency without leaving the USA, filed on Form I-485. The second is consular processing – applying for an immigrant visa at a US consulate abroad, which for Poles is most often in Krakow. Until now, individuals who were already legally in the USA on a temporary visa often chose the first, more convenient path.
The May 21 memorandum shifts the emphasis. USCIS reminds that adjustment of status is a form of “discretionary relief” and “administrative grace”. This means that even if an applicant meets all statutory requirements, an officer can still deny the application, evaluating the entirety of their situation. In a press release, USCIS presented consular processing – filing an application in the country of origin – as the ordinary, preferred path, reserving adjustment of status from within the USA for “extraordinary circumstances”. However, this is how the agency presents its policy, not a new statutory provision: the memorandum does not eliminate adjustment of status as a legal path.
What the memorandum DOES NOT change
And here we come to the crux, which is easy to overlook in a panic. The memorandum is not a law and does not change the law. Section 245 of the US Immigration and Nationality Act (INA) still allows for adjustment of status for individuals legally present in the USA – including spouses of US citizens, family-based applicants, and employment-based applicants. What changes is the practice and the way applications are evaluated, not the possibility of filing them itself. Importantly, in early June – as reported by the American Immigration Council – USCIS clarified its position: the change will be applied individually, “case-by-case”, and many immigrants will still be able to remain in the USA while applying for a green card. Most immigration law firms recommend not withdrawing an already filed application solely because of this memorandum.
Good news for Poles: Poland is not on the list
At this point, it is worth dispelling a specific concern circulating in Polish diaspora discussions. As of January 21, 2026, the Department of State suspended the issuance of immigrant visas to citizens of seventy-five countries deemed “high risk” in the context of using public benefits. This list includes, among others, Belarus, Russia, Iran, and Brazil. Poland is not on this list. Poland remains a participant in the Visa Waiver Program and a close ally of the USA, and Polish citizens are not subject to this consular pause, nor to the January restrictions concerning thirty-nine countries subject to increased scrutiny.
This distinction is crucial and requires an honest presentation of the matter. Poland is not “punished” by any list – but the memorandum on adjustment of status applies to all foreign nationals present in the USA on temporary visas, regardless of their country of origin. In other words: a Pole studying in the USA on an F-1 visa, on a J-1 visa, or on a tourist stay, who planned to obtain a green card without leaving the USA – for example, through marriage to a US citizen – according to the predictions of many immigration law firms, may now face more questions and the need to more carefully document their case. This is not a formal requirement written in the memorandum, but an expected practical consequence of the new policy.
Who this really affects
The change will be most felt by individuals present in the USA on temporary visas without so-called dual intent: students, exchange program participants, tourists. Less affected are H-1B and L-1 visa holders, for whom the law allows “dual intent”, i.e., the simultaneous intention of temporary stay and applying for permanent residency. However, it must be remembered that – as USCIS itself points out – the mere fact of holding an H-1B visa does not guarantee a positive decision; the officer still evaluates the entire case.
Among the factors that officers are to consider are, among others, the history of compliance with immigration laws, any violations of the terms of stay, and whether the individual remained in the USA instead of leaving when consular processing was available. Individuals who have violated visa terms may encounter a more difficult assessment and should prepare their documentation even more carefully.
What to do in practice
If you have already filed Form I-485
Do not withdraw it hastily. Law firms advise continuing the case, but be prepared for a possible Request for Evidence (RFE) and questions during the interview about why you chose the path from within the USA instead of consular processing. A well-documented answer directly addresses the factors that the officer considers.
If you are just planning an application
Before making a decision, consult with a licensed immigration attorney who will assess which path – from the USA or through the consulate in Krakow – is safer in your specific situation. The choice is no longer as obvious as it was before May 2026.
Regardless of the situation
Regulations and interpretations are changing very quickly right now. Always check the current status of procedures, fees, and requirements on the official uscis.gov website, and for individual matters, do not rely on rumors from Polish diaspora groups on social media – misinformation spreads fastest there.
Calmly, but carefully
For the Polish community in the USA, the most important conclusion is: there is no reason to panic, but there is reason to pay attention. Poland has not been placed on any list of restrictions, and the possibility of obtaining a green card from within the USA still exists. However, the level of discretion and the number of questions an applicant can expect have changed. In practice, this means one thing: anyone planning a green card should now act more carefully, with good documentation, and – where the stakes are high – with the help of an attorney.
Bartosz Karczmarski, poland.us editorial team. The above text is for informational purposes only and does not constitute legal advice. For individual matters, consult a licensed immigration attorney and check current procedures on uscis.gov. More legal and immigration guides can be found at poland.us. Polish diaspora directory of law firms and advisors: PolishPages.com.
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